ORS 125.205 Persons not qualified to act as fiduciary

A person is not qualified to serve as a fiduciary if the person:

Is incapacitated, financially incapable or a minor;

Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or

Is the protected person’s parent or former guardian and:

At any time while the protected person was under the care, custody or control of the person, a court entered an order:

Taking the protected person into protective custody under ORS 419B.150; or

Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and

The court entered a subsequent order that:

The protected person should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the protected person to be returned to the person’s home, and no subsequent order of the court was entered that permitted the protected person to return to the person’s home before the protected person’s wardship was terminated under ORS 419B.328; or

Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524.

A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section.